After multiple attempts at becoming a law, a fledgling bill gets a hearing
Elephants, the largest living land-dwelling animals, have become
an iconized source of fascination in our culture. In nature, female
elephants spend their entire lives in close family groups, with
different groups bonding with one another. The center of the group
is the calf, which relies on its mother for as long as three years.
Elephants have complex communication systems using sight, smell,
sound and the all-important touch. They are typically gentle
creatures and are believed to have self-awareness and cognition,
and show empathy for their dying or dead.
However, all of these natural tendencies of elephants are thwarted
by life in captivity.
Elephants have very unfortunately become a cornerstone of wildlife
entertainment. In captivity, these magnificent creatures endure
abusive and violent treatment at the hands of their caretakers.
Trainers use sharp metal or steel-tipped prods, usually called bull
hooks (similar to a fire poker) which can puncture and tear
elephant skin, or be used like a baseball bat. Trainers strike
elephants for no purpose other than to cause pain and fear to
coerce the elephant to perform unnatural and nonsensical
tricks.
Captive elephants are also subject to chaining. Chaining severely
restricts an elephant's movements, prohibiting it from lying down,
walking and socializing. Chaining can cause neurotic psychological
behavior, physical injury and death. In fact, chaining causes foot
problems and arthritis, which are the leading causes of euthanasia
for captive elephants. None of these issues are observed in wild
elephants. Despite trainers' attempts to conceal wounds, these
industry methods are no secret, as Kenneth Feld, the owner of
Ringling Bros. and Barnum & Bailey Circus admitted under oath
in 2009. These methods are also chronicled in the upcoming HBO
documentary, "An Apology to Elephants."
Enter S. 1626, An Act Relating to the Treatment of Elephants. This
bill, which has been bounced around for several years, was heard
before the Massachusetts legislature's Tourism, Arts and Cultural
Development Committee on Feb. 3, 2014. This bill would prohibit the
use of bull hooks and chains on elephants performing in
Massachusetts. Why hasn't this bill yet become a law in
Massachusetts, a state that prides itself on being progressive and
enlightened? Massachusetts is already behind more than 35 other
local jurisdictions in the United States that have restricted the
use of elephants or the use of bull hooks on elephants. S. 1626 was
filed by Sen. Robert L. Hedlund, who serendipitously became
passionate about the issue when a constituent he met at the gym
brought it to his attention - an example of the power of one. Kara
Holmquist, director of advocacy at the Massachusetts Society for
the Prevention of Cruelty to Animals, reported that the hearing had
a large showing from constituents, legislators, animal protection
groups and animal experts.
One such expert is Scott Blais, co-founder and CEO of Global
Sanctuary for Elephants, the first and largest habitat sanctuary
for rescued elephants. With more than 25 years of experience
working with elephants, he initially learned with the bull hook. He
provided compelling testimony, calling these methods sadistic,
barbaric, archaic, and abusive, and he discredited every argument
in favor of them. He also testified about the other non-violent
methods of training that are available, but willfully ignored. In a
letter to the committee, he states, "There is no way for me to
truly convey the intensity, the depth of fear, the echoing, hollow,
empty sound of their screams, these are sounds of complete
despair."
If the committee votes in favor of S. 1626, it will hopefully
progress until it reaches the Senate floor. When asked why the
bill, which seems like a no-brainer, has been met with adversity,
Holmquist responded that it's a process for people to reconcile
their belief that something is pure, fun, family entertainment with
the fact that it is actually inhumane and violent.
There is no shortage of evidence supporting the need to ban bull
hooks and chains. If such treatment were used on dogs, the public
would be outraged. It's time for Massachusetts to live up to its
reputation, and to contribute to the alleviation of the suffering
of captive elephants.
For further information on the intersection of the law and animal
rights, please consider joining the MBA's Animal Law Practice
Group.